SHIRANI BANDARANAYAKE CASE –WHAT IS NEXT?

President has signed the letter For Shirani Bandaranayake to go home
However according to certain quarters she could stay on, as some others say she has to go
This is because of a ‘writ scandal”


Last Friday after the impeachment motion was taken up for debate and an election was held. The opposition lost the election by a large majority. Hence the Chief Justice Dr Shirani Bandaranayake was made to leave from her post after the President placed his signature on the document forwarded to him by the speaker. This was made and the dismissing order was delivered this morning to her official residence it is reliably reported.
Accordingly will the Chief Justice would be dismissed or not?
One faction of the Sri Lanka Bar Association say that she could stay on and remain while another faction of judges say she has to go home. This debatable situation had arisen as the Chief justice Dr Shirani Bandaranayake had obtained a “writ scandal” it is reported.
Initially against this decision arrived at the decision by the Parliament Select Committee was challenged by the Appeal court of the Supreme Court through a”Sarshidarani” writ scandal was issued by the three bench Appeal court Judges headed by a Chairman Appeal court Judge S.Sriskandaraja, Judge Anil Gunaratna and Judge A.W.A.Salam. They gave a unanimous decision against the verdict of the PSC’s decision to remove Chief Justice Dr Shirani Bandaranayake.hence the Chief Justice won the case about her impeachment motion made against her. However for the Chief Justice to celebrate with Champaign there were some obstacles to hurdle. That is because of the “writ scandal” has not been accepted by the Government. That cannot be done had been disclosed by the former solicitor general Srinath Perera. According to him for accepting this decision, this is more like disgracing the respect of the entire judiciary.
According to him for disgracing and bringing disrepute to the Judiciary system and the courts for not accepting this verdict it is not now but even after 20 years it could be challenged, although the Members of the Parliament who signed for the impeachment motion say nothing would happen to them. At any other future date they could be charge sheeted he claimed.
The Principal of the Kotalawela Defence University Dr Prathiba Mahanama’s views are like this....
“It is clearly stated in the Parliament constitution that after the PSC meeting decision the Chief Justice has to be removed with the approval of the President.” 
Because of these conflicts, uncertainties have erupted again. The Parliament constitution is eminent and very superior. According to the constitution, the final decision lies with the President. Hence the Chief justice will have to obey to the decision of the President’s ruling. If not it will become a legal decision, he had disclosed.
In this regard President’s Counsel Dr Jayatissa Costa had this to comment.”After the procedures and with the powers vested with the Parliament she has to resign. It is clear with that as stated in the constitution. It is not mentioned anywhere that it could not be prevented. In this connection the final decision of removing the Chief Justice lies with the President which is quite clear.
At the election in the Parliament the impeachment motion was passed by a majority of 113 votes. This was brought to the notice of the President by the Speaker for his decision. Removing the Chief Justice from her seat now lies on the shoulders of the President. For this vacancy the names of two Supreme Court judges have been nominated. One of them other than Dr Shirani Bandaranayake is Shiranee Thilakawardena, a Supreme Court judge and the other person is Mohan Pieris a former Attorney General and a Supreme Court Judge and Chairman of the Seylan Bank and a President’s Counsel.
However Parliamentarian Vasudeva Nanayakkara is against the nomination of Mohan Peiris. According to the Minister Wimal Weerawansa ,the Leader of the National Freedom Alliance the one who should be elected should be a Judge in the Supreme Court with experience and not an outside person. It is not certain and clear as to there is no evidence to see why Supreme Court Judge Shiranee Thilakawardena should not be appointed. The reason from legal point of view that she has gained sufficient knowledge and strength in the Supreme  Court procedures. Under these circumstances there could be a conflict in relation to the constitution in the Parliament.
On the 14th of this month (Monday) the Office bearers of the Bar Association of Sri Lanka are due to have a discussion with the President.
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